[CYBERIA] A VERY significant DMCA case

R.A. Hettinga rah at shipwright.com
Thu Nov 18 15:18:02 EST 2004

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Date:         Thu, 18 Nov 2004 07:53:23 -0800
Reply-To: Law & Policy of Computer Communications <CYBERIA-L at LISTSERV.AOL.COM>
Sender: Law & Policy of Computer Communications <CYBERIA-L at LISTSERV.AOL.COM>
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From: Paul Gowder <paultopia at YAHOO.COM>
Subject: [CYBERIA] A VERY significant DMCA case

This just came to my attention.  I don't know if it's
been mentioned here before, since I only read this
list intermittently.  Still...

Lexmark International Inc. v. Static Control
Components Inc., 6th Cir., No. 03-5400 10/26/04

This case appears to be a ringing blow against the
DMCA, and against copyright fascism in general.  The
Sixth Circuit, vacating a grant of preliminary
injunction, held that a program was likely
uncopyrightable, because unoriginal, because its
functional requirements merged with its expression.
It further concluded that the DMCA can't be used to
protect such an un-copyrightable work.

Because this was before the court on review of a
preliminary injunction, it's not terribly definitive
on the facts -- but as a statement of law -- it seems
very promising.


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R. A. Hettinga <mailto: rah at ibuc.com>
The Internet Bearer Underwriting Corporation <http://www.ibuc.com/>
44 Farquhar Street, Boston, MA 02131 USA
"... however it may deserve respect for its usefulness and antiquity,
[predicting the end of the world] has not been found agreeable to
experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'

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